"I realise that some of my criticisms may be mistaken; but to refuse to criticize judgements for fear of being mistaken is to abandon criticism altogether... If any of my criticisms are found to be correct, the cause is served; and if any are found to be incorrect the very process of finding out my mistakes must lead to the discovery of the right reasons, or better reasons than I have been able to give, and the cause is served just as well." -Mr. HM Seervai, Preface to the 1st ed., Constitutional Law of India.

Saturday, April 16, 2011

Monthly Roundup of Indian Arbitration Cases for March 2011

Significant Aspects: Setting aside arbitral awards, Interest

Significant Aspects: Making a third person a party to arbitration

Significant Aspects: Setting aside arbitral awards, Inability to present the case, Arbitrator went beyond the scope of reference; meaning of the terms 'arising out of' or "in respect of" or "in connection with' or "in relation to" or "in consequence of" or "concerning" or "relating to" used in the arbitration agreement.

Significant Aspects: Reference of a dispute to arbitration, Determination of the validity of the arbitration agreement

Significant Aspects: Dismissal of Writ Petition in view of Arbitration Clause.

Significant Aspects: Appointment of Arbitrator, Appointment barred by limitation

Significant Aspects: Interim measures, conditional bank guarantee, invocation of bank guarantee

Significant Aspects: Interim measures, invocation of bank guarantee, appropriate "court" under the Arbitration & Conciliation Act, 1996

Significant Aspects: GAFTA Arbitration, Enforcement of Foreign Awards, Grounds for refusing enforcement of awards, Absence of arbitration agreement, inability to present its case for want to notice by the tribunal, award contrary to public policy, dismissal with costs.

Key Issues: interim measures, assignment of participating interests under production sharing contract, termination of production sharing contract, material change in status, change of control.
[We've had about two posts on the Canoro Resources case and the same may be accessed from here and here]

Key Issues: Appointment of arbitrator

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